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FRANCIS v. MINETA

No. 06-1293.

505 F.3d 266 (2007)

Albion FRANCIS, Appellant v. Norman Y. MINETA; Transportation Security Administration; U.S. Department of Transportation; United States of America.

United States Court of Appeals, Third Circuit.

Filed October 10, 2007.

Attorney(s) appearing for the Case

Vincent A. Colianni, Esq. (Argued), Colianni & Colianni, Christiansted, VI, for Appellant.

Peter D. Keisler, Esq., Assistant Attorney General, Anthony J. Jenkins, Esq., United States Attorney, Marleigh D. Dover, Esq., Matthew M. Collette, Esq. (Argued), Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for Appellees.

Before: McKEE, BARRY and STAPLETON, Circuit Judges.

OPINION

McKEE, Circuit Judge.

Albion Francis, a former federal employee, appeals the District Court's dismissal, pursuant to Fed.R.Civ.P. 12(b)(1), of the employment discrimination claim he attempted to bring under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4. The District Court held that it lacked subject matter jurisdiction over Francis's claim of religious discrimination because any such claim must be brought under Title...

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